A relativização do interesse público na hipótese legal de arbitragem nos contratos administrativos

Abstract

This paper aims to analyze the Institute of Arbitration in administrative contracts from the perspective of the principle of unavailability of public interest. In view of this, the aim is to assess whether, in general terms, there is or is not incompatibility between the Public Administration and the Institute of Arbitration and, if there are not, the limits of objective arbitrability in administrative contracts. In addition, it presents the diagnosis of the historical process of arbitration in Brazil and the origin of the traditional controversies on the subject. Finally, it is also highlighted, although there are still doubts that hover around the matter, as the specialized literature and the National Courts have unraveled the issue involving arbitration and Public Administration, as well as offering solutions that, therefore, have become himself object of legal device.